Land row: HC orders Rs 40 lakh fine for sponsored litigation
The HC dismissed his application seeking to stop the allotment of a sprawling plot in Versova to a cooperative housing society and halt development by a city builder
Oct 09, 2014
Source : The Times of India
Bombay High Court


MUMBAI: In an unprecedented order, the Bombay high court has ordered a Mumbai resident to shell out Rs 40 lakhs as legal costs while dismissing his application seeking to stop the allotment of a sprawling plot in Versova to a cooperative housing society and halt development by a city builder.



Calling Ashok Kulkarni's application a "sponsored litigation" Justice Patel asked him to pay Rs 20 lakhs each to Samarth Development Corporation and Apna Ghar society. SDC had said that it had spent over Rs 3 crore in fighting the case.

"Everything points to this being a sponsored litigation, with Kulkarni having lent his name to some other entity. On his account alone, huge amounts have had to be spent in defending this and associated litigations. The present litigation is one I have found to be without the faintest glimmer of merit. It is precisely the kind of litigation — speculative lacking in bona fides, sponsored, an abuse of the process of law and of the court, and perhaps even a fraud on the Court — that our Supreme Court has repeatedly decried and deprecated, even said should be visited with exemplary and penal costs," said Justice Patel. The HC stayed its order and also asked MHADA not to hand over the land to the society till November 14, to allow time to file an appeal.

The legal dispute was over a prime plot in Versova spread over 23 acres. Kulkarni, who was the former chief promoter of the society, claimed he was the exclusively entitled to allotment of the land, on the basis of a 1981 sale agreement and 2008 apex court order. He claimed new members had been brought in by the builder and he was illegally removed as the chief promoter in a society meeting in 2011. In an application he sought the HC to restrain SDC and the society from creating third party rights on the land.

Latest Realty News

RBI concerned about banks’ exposure to real estate, infrastructure
Oct 09, 2014
The Reserve Bank of India (RBI) is concerned about the extent of banks’ exposure to the real estate and infrastructure sectors, deputy governor R. Gandhi said
Indian REITs, InvITs must be more tax efficient – APREA
Oct 09, 2014
The tax treatment of India’s new real estate investment trusts (REITs) regime should be changed to remove stumbling blocks to investment in the vehicles, a lobby group has said
Special police force to check illegal land dealings
Oct 09, 2014
With an objective of tightening the noose around land mafia, the state government has set up a specialized force to look into illegal land dealings
Building construction norms to be simplified in 3 months
Oct 09, 2014
The urban development ministry has set a three-month deadline to notify simplified rules for obtaining sanctions for building construction in Delhi
No Breach of Model Code in Haryana Government Nod to Vadra-DLF Land Deal
Oct 09, 2014
The Election Commission ruled that there appears to be no violation of the model code of conduct by Haryana government in clearing the land deal between Robert Vadra and real estate major DLF
L&T Infra Finance to launch realty fund
Oct 09, 2014
L&T Infra Finance Private Equity, which is in the process of raising a total of Rs 3,750 crore in an overseas fund and a domestic fund, plans to launch a real estate fund
Home buyers not fully convinced about recovery in real estate sector
Oct 09, 2014
The tents are back on the streets of Noida. An army of property brokers that sells the dream and lure of real estate has dusted out their makeshift offices, fuelled by hopes of an economic recovery
Bangalore Become the Most Favorite Property Investment Destination for NRIs
Oct 09, 2014
The real estate market in the Bangalore city is propped up by investments from NRI’s
Muthoot Finance launches housing loan down payment product
Oct 09, 2014
Gold loan company Muthoot Finance has launched a product 'Home Down Payment Loan' to finance margin money needed to avail of home loans
Wave enters housing finance business; aims Rs 1000cr loan book size
Oct 09, 2014
Wave group, which is into liquor, realty, sugar and cinema businesses,announced its foray into the housing finance sector

Latest Realty News Of State

Realty Talk's